Kohn v. United States’s Empirical Analysis
680 F.2d 922 · 1982
Citation profile
29 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 53 later decisions — most recently November 2021 · most notably Johnson v. United States (1986), Persons v. United States (1991)
29 federal appellate · 2 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 10 U.S.C. § 919 · 21 U.S.C. § 879 (§ 509 of the Controlled Substances Act) · 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2680
Relies on Feres v. United States · Indian Towing Company v. United States · United States v. Brown · United States v. Neustadt · Rayonier Incorporated v. United States a Arnhold
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“civilian status alone is not sufficient to lift the bar under Feres”
3 later decisions quote this exact passage · from the majority““The government contends that appellants’ claims of direct injury to themselves are nevertheless barred because they constitute an action for misrepresentation or deceit, as to which the government has not waived immunity, 28 U.S.C. § 2680 (h).... Although the misrepresentation and deceit exceptions encompass both negligent and willful failure to provide accurate information, United States v. Neustadt, 366 U.S. 696, 702 [ 81 S.Ct. 1294, 1298 , 6 L.Ed.2d 614 ] (1961), these exceptions have generally been applied only to actions for damages due to commercial decisions that were predicated on incorrect or incomplete information. Id. at 711 n.26 [ 81 S.Ct. at 1302 n.26]; Green v. United States, 629 F.2d 581, 583-85 (9th Cir. 1980). Because the context here is hardly commercial in nature, we do not believe that appellants’ claims are necessarily barred as an action for misrepresentation or deceit.” Id., 680 F.2d at 926 .”
1 later decision quote this exact passage · from the majority“Although the misrepresentation and deceit exceptions encompass both negligent and willful failure to provide accurate information, these exceptions have generally been applied only to actions for damages due to commercial decisions that were predicated on incorrect or incomplete information. Because the context here is hardly commercial in nature, we do not believe that appellants’ claims are necessarily barred as an action for misrepresentation or deceit.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.